Prosecution Insights
Last updated: April 19, 2026
Application No. 18/206,089

ESC TEMPERATURE CONTROL UNIT AND SUBSTRATE TREATING APPARATUS INCLUDING THE SAME

Final Rejection §103§112
Filed
Jun 06, 2023
Examiner
KACKAR, RAM N
Art Unit
1716
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Semes Co. Ltd.
OA Round
2 (Final)
39%
Grant Probability
At Risk
3-4
OA Rounds
4y 0m
To Grant
98%
With Interview

Examiner Intelligence

Grants only 39% of cases
39%
Career Allow Rate
197 granted / 501 resolved
-25.7% vs TC avg
Strong +59% interview lift
Without
With
+58.9%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
35 currently pending
Career history
536
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
56.1%
+16.1% vs TC avg
§102
14.1%
-25.9% vs TC avg
§112
23.5%
-16.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 501 resolved cases

Office Action

§103 §112
DETAILED ACTION The present application, filed on (8/6/2023), is being examined under the first inventor to file provisions of the AIA . Claims (1-20) were examined in a Non-Final on 10/01/2025. This office action is in response to Applicants submission of 1/2/2026. Claims 1-8 and 10-20 are pending and being examined. Response to Amendment and arguments Applicant’s arguments are related to the latest amendment. As discussed below, it is noted that the amendment is improper. However, heaters in different groups for specific control of regions on the chuck were known. Also, to one of ordinary skill in the art, omission of an element with a corresponding omission of function would have been obvious. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-8 and 10-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The limitation “wherein the plurality of first heaters are distributed only in some areas of a plurality of areas of the ESC and the plurality of second heaters are distributed over all areas of the plurality of areas of the ESC, and wherein the plurality of first heaters and the plurality of second heaters do not overlap each other in a height direction of the ESC” in claim 1 and similar limitations in claims 17 and 18 require that the first heaters and second heaters do not overlap. The specification does not support this since first heaters 210 overlap with second heaters 220 since both occupy regions 330 and 340 (See Fig 3, Fig 4 and Fig 5). Moreover, if any heater group is distributed over all area, there will be overlap from other “some areas”. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-8 and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kaneko et al (US 20180350569) in view of Kaname Miwa (JP 2016-189425). A substrate treating apparatus (Fig 2) comprising: a housing (120); a substrate support unit (16) disposed within the housing and supporting a substrate using an electrostatic chuck (ESC) (20); a shower head unit (34) disposed in the housing and supplying a process gas in a direction in which the substrate is positioned; a plasma generating unit (62, 64) exciting the process gas into a plasma state so that the substrate is treated; and an ESC temperature control unit (20) provided in the substrate support unit and controlling a temperature of the electrostatic chuck, wherein the ESC temperature control unit includes: a plurality of first heaters (26b); a plurality of second heaters (26c) providing power different from that of the first heaters; and a control module controlling the first heaters (Fig 4, 71) and the second heaters (72), and the control module independently controls the first heaters (Fig 4, 71) and the second heaters (Fig 4, 72). It is noted that the controller controls power to first and /or second heaters on the basis of comparing actual temperature distribution with respect to target temperature distribution in a feedback loop (See Para 85, 87, 89) where actual temperature distribution comes from temperature sensors either below the stage as in Fig 4 or infrared sensors as in Fig 9 (IRC). The target temperature distribution is a required in-plane distribution which is required by the process being conducted (Par 24). The power applied to individual heaters could be DC or AC (Para 77, 80) and includes sensors to monitor power to each heater in first heaters or second heaters. First or second heaters could be disposed above or below with respect to each other (Para 61). The heaters are disposed in plurality of regions as disclosed in (Fig 5 and 6). Also tied to the controller is coolant flow for temperature reduction, when necessary, by the process. Regarding the limitation “wherein the plurality of first heaters are distributed only in some areas of a plurality of areas of the ESC and the plurality of second heaters are distributed over all areas of the plurality of areas of the ESC, and wherein the plurality of first heaters and the plurality of second heaters do not overlap each other in a height direction of the ESC’ as above, some heaters (26c) are located in center of the chuck only while other heaters (26b) are located over all areas (Fig 4). Further, regarding having some heaters in particular region only, it is noted that omission of an element with a corresponding omission of function is within the level of ordinary skill. In re Wilson 153 USPQ 740 (CCPA 1967); In re Portz 145 USPQ 397 (CCPA 1965); In re Larson 144 USPQ 347 (CCPA 1965); In re Karlson 136 USPQ 184 (CCPA 1963); In re Listen 58 USPQ 481 (CCPA 1943); In re Porter 20 USPQ 298 (CCPA 1934). Still further, first heaters (Fig 4, 33) are located in periphery of the chuck only while second heaters (35) are located throughout in Kaname Miwa. Since heater group in some area only would provide ability to additional control over those specific regions having such facility in Kaneko et al before the filing date of this application would have been obvious. Limitations of claim 2 and 11 are disclosed as above. Regarding claim 3 the order of controlling first or second heaters would according to process requirements. The apparatus disclose would allow such function. Regarding claim 4 the feedback control depends upon the error which would be represented by an offset. Regarding claim 5 CD distribution would control required temperature distribution and would be a function disclosed to be within the capability of the disclosed apparatus. Regarding claim 6 both AC and DC are disclosed as operating the heaters. Regarding claim 7 independent control of heaters would allow such function. Regarding claim 8 regions (n+1) are disclosed as one surrounding an inner one (n). Regarding claims 10, 12 first and second heaters could be interchangeable and therefore could be more or less. Regarding claims 13, 15 and 16 temperature measurement is disclosed in Fig 4 and 9. In Fig 9 it is above. Regarding claim 14 feedback control of heaters based on the temperature measurement is disclosed as discussed above. Regarding claims 17-20, Fig 2 discloses housing, substrate support, ESC, showerhead, plasma generation unit (62, 64), plurality of independently controllable heaters, power being DC or AC and configurable disposition are disclosed as above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al (US 20210366696) discloses an electrostatic chuck including plurality of heater across plurality of regions and coolant control in its base (Fig 2 and 3). Uefuji et al (US 20180286732) discloses an electrostatic chuck including plurality of heater across plurality of regions and coolant control in its base (Fig 31). Kim et al (US 20170271190) disclose upper heater section (Fig 6, 160) in peripheral region only and lower heater section (Fig 5, 150) all over the chuck. Parkhe et al (US 20150228513) discloses main resistive heater and pixel heaters for heating specific regions requiring additional heat (Fig 8 and description). Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAM N KACKAR whose telephone number is (571)272-1436. The examiner can normally be reached 09:00 AM-05:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Parviz Hassanzadeh can be reached at 5712721435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. RAM N. KACKAR Primary Examiner Art Unit 1716 /RAM N KACKAR/Primary Examiner, Art Unit 1716
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Prosecution Timeline

Jun 06, 2023
Application Filed
Sep 28, 2025
Non-Final Rejection — §103, §112
Jan 02, 2026
Response Filed
Mar 05, 2026
Final Rejection — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
39%
Grant Probability
98%
With Interview (+58.9%)
4y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 501 resolved cases by this examiner. Grant probability derived from career allow rate.

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